H-975                _______________________________________________

                                                    HOUSE BILL NO. 343

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State of Washington                              50th Legislature                              1987 Regular Session

By Representative Ballard

Read first time 1/26/87 and referred to Committee on Ways & Means.

AN ACT Relating to excise taxes on the sale of real property; and amending RCW 82.45.100.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 2, chapter 167, Laws of 1981 as amended by section 1, chapter 176, Laws of 1982 and RCW 82.45.100 are each amended to read as follows:

          (1) The tax imposed under this chapter is due and payable immediately at the time of sale, and if not paid within thirty days thereafter shall bear interest at the rate of one percent per month from the time of sale until the date of payment.  However, the department shall adopt rules providing for a thirty-day extension after this thirty-day period, during which the tax imposed under this chapter may be paid without interest if extraordinary circumstances prevented the payment of the tax during the initial thirty-day period.

          (2) If upon examination of any affidavits or from other information obtained by the department or its agents it appears that all or a portion of the tax is unpaid, the department shall assess against the taxpayer the additional amount found to be due plus interest as provided in subsection (1) of this section.  If the department finds that all or any part of the deficiency resulted from an intent to evade the tax payable under this chapter, a penalty of fifty percent of the additional tax found to be due shall be added.

          (3) No assessment or refund may be made by the department more than four years after the date of sale except upon a showing of fraud or of misrepresentation of a material fact by the taxpayer or a failure by the taxpayer to record documentation of a sale or otherwise report the sale to the county treasurer.